Arkansas Game & Fish Commission v. United States
| Docket No. | Op. Below | Argument | Opinion | Vote | Author | Term |
|---|---|---|---|---|---|---|
| 11-597 | Fed. Cir. | Oct 3, 2012 | Dec 4, 2012 | 8-0 | Ginsburg | OT 2012 |
Holding: Recurrent flooding that is induced by the government and temporary in duration is not automatically exempt from liability under the Takings Clause. (Kagan, J., recused.)
Judgment: Reversed and remanded, 8-0, in an opinion by Justice Ginsburg on December 4, 2012.
SCOTUSblog Coverage
- Opinion analysis: Some advice about "takings" (Lyle Denniston, December 4, 2012)
- Argument recap: "Trust us" as a legal standard (Lyle Denniston, October 3, 2012)
- Argument preview: Duty to pay for flooding (Lyle Denniston, October 2, 2012)
| Date | Proceedings and Orders |
|---|---|
| 11/09/2011 | Petition for a writ of certiorari filed. (Response due December 16, 2011) |
| 12/06/2011 | Order extending time to file response to petition to and including January 17, 2012. |
| 12/09/2011 | Brief amici curiae of National Association of Home Builders, et al. filed. |
| 12/15/2011 | Brief amici curiae of Pacific Legal Foundation, and Cato Institute filed. |
| 12/15/2011 | Brief amici curiae of Arkansas, et al. filed. |
| 12/16/2011 | Brief amicus curiae of Association of Fish & Wildlife Agencies filed. |
| 01/13/2012 | Order further extending time to file response to petition to and including March 1, 2012. |
| 03/01/2012 | Brief of respondent United States in opposition filed. |
| 03/08/2012 | Reply of petitioner Arkansas Game & Fish Commission filed. |
| 03/14/2012 | DISTRIBUTED for Conference of March 30, 2012. |
| 04/02/2012 | Petition GRANTED. Justice Kagan took no part in the consideration or decision of this petition. |
| 04/23/2012 | Consent to the filing of amicus curiae briefs, in support of either party or of neither party, received from the counsel for the respondent. |
| 05/07/2012 | The time to file the joint appendix and petitioner's brief on the merits is extended to and including June 22, 2012. |
| 05/07/2012 | The time to file respondent's brief on the merits is extended to and including August 24, 2012. |
| 06/18/2012 | The time to file the joint appendix and petitioner's brief on the merits is further extended to and including June 27, 2012. |
| 06/18/2012 | The time to file respondent's brief on the merits is further extended to and including August 27, 2012. |
| 06/27/2012 | Joint appendix filed. (Joint appendix in 3 volumes). (Statement of costs filed) |
| 06/27/2012 | Brief of petitioner Arkansas Game & Fish Commission filed. |
| 07/03/2012 | Brief amici curiae of National Federation of Independent Business Small Business Legal Center, et al. filed. |
| 07/03/2012 | Brief amici curiae of Pacific Legal Foundation, et al. filed. |
| 07/05/2012 | Brief amicus curiae of Owners' Counsel of America filed. |
| 07/05/2012 | Brief amici curiae of Wolfsen Land & Cattle Co., et al. filed. |
| 07/05/2012 | Brief amici curiae of Washington Legal Foundation, et al. filed. |
| 07/13/2012 | CIRCULATED. |
| 07/23/2012 | SET FOR ARGUMENT ON Wednesday, October 3, 2012 |
| 07/31/2012 | Record received from U.S.C.A. for Federal Circuit. (1 box) |
| 08/27/2012 | Brief of respondent United States filed. (Distributed) |
| 08/29/2012 | Record from U.S. Court of Federal Claims is electronic. |
| 08/30/2012 | Motion for leave to file amici brief filed by professors of law teaching in the property law and water rights fields. |
| 09/04/2012 | Brief amici curiae of International Municipal Lawyers Association, et al. filed. |
| 09/19/2012 | Reply of petitioner Arkansas Game & Fish Commission filed. (Distributed) |
| 09/25/2012 | Motion for leave to file amici brief filed by professors of law teaching in the property law and water rights fields GRANTED. Justice Kagan took no part in the consideration or decision of this motion. |
| 10/03/2012 | Argued. For petitioner: James F. Goodhart, Little Rock, Ark. For respondent: Edwin S. Kneedler, Deputy Solicitor General, Department of Justice, Washington, D. C. |
| 12/04/2012 | Judgment REVERSED and case REMANDED. Ginsburg, J., delivered the opinion of the Court, in which all other Members joined, except Kagan, J., who took no part in the consideration or decision of the case. |
| 01/07/2013 | JUDGMENT ISSUED. |
| 07/05/2013 | Record returned to U.S.C.A. for Federal Circuit. |
Holding: Recurrent flooding that is induced by the government and temporary in duration is not automatically exempt from liability under the Takings Clause. (Kagan, J., recused.)
Judgment:”Reversed and remanded, 8-0, in an opinion by Justice Ginsburg on December 4, 2012.